Regulation for the Implementation of the Budget Law of the People's Republic of China
Regulation for the Implementation of the Budget Law of the People's Republic of China
Regulation for the Implementation of the Budget Law of the People's Republic of China
Order of the State Council [1995] No. 186
November 22, 1995
The Regulation for the Implementation of the Budget Law of the People's Republic of China, which was adopted at the 37th executive meeting of the State Council on November 2, 1995, is hereby promulgated for implementation.
Li Peng, the Premier
Attachment: Regulation for the Implementation of the Budget Law of the People's Republic of China
Chapter I General Provisions
Article 1 The present Regulations are enacted in accordance with the Budget Law of the People's Republic of China (hereinafter referred to as Budget Law).
Article 2 The detached agencies of the local governments at the county level and above shall carry out budget management according to the authorization of the governments at the corresponding levels, however, their budgets are not at separate levels from those of the said governments.
Article 3 The "departments of the central government as mentioned in the first paragraph of Article 4 of the Budget Law" refers to the state organs, military troops, political party organizations, and social organizations that have direct budgetary payment and appropriation relationship with the Ministry of Finance; the "entities directly under such departments" refers to the enterprises and public institutions that have direct budgetary payment and appropriation relationship with the Ministry of Finance.
Article 4 The "departments at the corresponding level" as mentioned in the third paragraph of Article 5 of the Budget Law refers to the local state organs, political party organizations, and social organizations that have directly budgetary payment and appropriation relationship with the department of public finance of the government at the said level; the "entities directly under such departments" as mentioned refers to the enterprises and public institutions that have directly budgetary payment and appropriation relationship with the department of public finance of the government at the said level.
Article 5 The budget of a department consists of the budgets of the entities affiliated to that department. The budget of official expenses of the department shall be included in the budget of that department.
Article 6 The "system of tax division between the central and local governments" as mentioned in Article 8 of the Budget Law refers to the financial management system in which the scope of expenditures of the central and local governments is determined on the basis of the division of responsibility between the said governments, and the budgetary revenues of the central and local governments are classified on the basis of tax types.
The concrete contents and implementation measures of the system of tax division between the central and local governments shall be in conformity with the relevant provisions of the State Council.
Article 7 A local government at the county level or above shall determine the financial management system with respect to the government at lower levels in accordance with the principle of the system of tax division between the central and local governments and the relevant provisions of the governments at higher levels.
Article 8 The budgetary revenues and expenditures take Renminbi yuan as the calculating unit. Where the budgetary revenues and expenditures are collected and paid in foreign currencies, such currencies shall be converted to Renminbi according to the basic exchange rate of Renminbi promulgated by the People's Bank of China on the day of the collection or payment.
Chapter II Scope of Budgetary Revenues and Expenditures
Article 9 The "proceeds from the State-owned assets that should be turned in pursuant to the relevant regulations" as mentioned in the second paragraph of Article 19 of the Budget Law refers to the part of the proceeds that are derived by the departments and entities from possessing, using, and disposing of according to law the domestic and overseas state-owned assets and that shall be turned in as budgetary revenues pursuant to the relevant provisions of the state.
The "proceeds derived from special items" as mentioned in the second paragraph of Article 19 of the Budget Law refers to the revenues that are, according to special needs, established, collected, included in the budget management, and used for special purposes upon approval of the State Council or of the Ministry of Finance which is authorized by the State Council.
Article 10 The "expenditures for economic construction" as mentioned in the third paragraph of Article 19 of the Budget Law refers to the expenditures that are appropriated for infrastructure investment, for supporting the enterprises' exploration of potential and reform, as enterprise working capital, as interest subsidies for loans for production, as special construction fund, for supporting agricultural production, and for other economic construction.
The "expenditures for the development of undertakings" as mentioned in the third paragraph of Article 19 of the Budget Law refers to the expenditures that are used in the undertakings of education, science, culture, public health, sports, industry, transportation, commerce, agriculture, forestry, environment protection, irrigation works, and weather, etc., concretely including the expenditures for infrastructure of public welfare, purchase of equipment, personnel, business, and the development of other undertakings.
Article 11 The "central budgetary revenues" as mentioned in the first paragraph of Article 20 of the Budget Law refers to the revenues that are brought into the central budget and that are not shared by the local governments according to the system of tax division between the central and local governments, including revenues at the central level, and revenues turned in by the local governments to the central government.
The "local budgetary revenues" as mentioned in the first paragraph of Article 20 of the Budget Law refers to the revenues that are brought into the local budgets and that are not shared by the central government according to the system of tax division between the central and local governments, including revenues at the local levels and revenues refunded or subsidized to the local governments by the central government.
The "budgetary revenues shared by the central and local governments" as mentioned in the first paragraph of Article 20 of the Budget Law refers to the revenues of the same tax types that are shared by the central and local governments according to certain division standards or proportions pursuant to the system of tax division between the central and local governments.
Article 12 The "central budgetary expenditures" as mentioned in the second paragraph of Article 20 of the Budget Law refers to the expenditures that are borne by the central government and included in the central budget pursuant to the system of tax division between the central and local governments, including the expenditures at the central level and the expenditures for refunding or subsidizing the local government.
The "local budgetary expenditures" as mentioned in the second paragraph of Article 20 of the Budget Law refers to the expenditures that are borne by the local governments and included in the local budgets pursuant to the system of tax division between the central and local governments, including the expenditures at the corresponding local levels and the expenditures turned in to the central government by the local governments pursuant to the provisions.
Article 13 The classification of revenue and expenditure items, and the specific measures for turning in, refunding, or subsidizing between the local budgets at two levels next to each other in hierarchical subordination shall be determined by the local government at the higher level, and shall be submitted to the standing committee of the people's congress at the corresponding level for record.
......